Corruption Eradication Research Articles

Analysis The Integration of The Criminal Justice System in Handling Corruption

Corruption as a serious crime has detrimental effects on the state and society. One of the solutions to overcome corruption is by implementing an integrated criminal justice system that involves law enforcement agencies, such as the police, prosecutors and judges. Enforcement of the criminal justice system must be based on the KUHAP as the mouthpiece of the law for the Police and Prosecutor, meanwhile, the KPK is not only based on the KUHAP but also on Law Number 19 of 2019 jo. Law Number 30 of 2002 on The Corruption Eradication Commission (KPK). The synergy that is expected in the context of overcoming criminal acts of corruption in the context of the criminal justice system turns out to still contain law enforcement problems in it, such as the substance of the law, overlapping authority, independence, weak coordination, human resources, and the lack of optimality of the special criminal justice system.

Punishment for Revocation of Political Rights for Public Officials Convicted of Corruption Based on A Justice Perspective

Purpose: The purpose of this research is to research and analyze the Revocation of Political Rights to Occupy Public Positions for Corruption Convicts According to Law in Indonesia, to research and analyze the legal consequences of revoking political rights to occupy public office for corruption convicts, to research and analyze the regulations regarding the revocation of political rights to occupy public positions for those convicted of corruption in terms of the principle of justice. Method: The research methodology used in this research is a qualitative method, using Normative Juridical research which is supported by empirical research, where Normative Juridical research is also called Doctrinal Legal research. In this type of legal research, law is often conceptualized as what is written in statutory regulations (law in books). Therefore, some of the data sources are primary data and secondary data. The data used in this research are primary data and secondary data. Data collection techniques in this research were carried out through literature study and interviews. The data analysis technique used is a qualitative normative analysis technique which describes and interprets the data in sentence form properly and correctly, obtaining short answers which are formulated deductively. Results and conclusion: The revocation of political rights to occupy public positions for those convicted of corruption is carried out because corruption is behavior that deviates from the norms accepted and adhered to by society, the aim of which is to obtain personal gain. This criminal act of corruption is a violation of the social and economic rights of the community, so that criminal acts of corruption can no longer be classified as ordinary crimes but have become extraordinary crimes (extra ordinary crimes). As is known, one of the public positions is the position of regional head which is regulated in Law no. 23 of 2014 concerning Regional Government. The regulations that limit former convicts from becoming regional heads are stated in Article 58 letter f, which states that they must never be sentenced to prison based on a court decision that has permanent legal force for committing a criminal offense that is punishable by imprisonment for 5 (five) years or more. The root of the problem in corruption cases is abuse of power, of course this must be the basis for why it is difficult to restore the trust of former corruption convicts to return to contesting in the 2024 elections and fill public positions, which is feared that ex-corruption convicts will commit acts again in similar cases. to fill public office again. Research implications: The findings of this research have implications for policy makers. Determining convict status for public officials under the pretext of corruption is a worrying phenomenon, because public officials as servants of the people have now betrayed them, by abusing their authority to carry out acts that should not be carried out. The public officials who were caught by the anti-military agency (KPK) are the result of the hard work of the Corruption Eradication Commission to ensure justice for the entire community. Originality/value: This research contributes to existing literature by focusing on penalties for revoking political rights for public officials convicted of corruption. By identifying obstacles and providing recommendations, this research offers insights that can help prevent or protect society from threats that could harm society's interests based on a justice perspective.

Governance of Super Maximum Security Prison Karang Anyar Nusa Kambangan Indonesia in Realizing the Correctional Revitalization Program

The correctional system has undergone changes due to the emergence of the Minister of Law and Human Rights regarding the implementation of correctional revitalization which provides classification of prisons which has an impact on the existence of prisons with categories for placing high risk prisoners. One of them is the Super Maximum Security (SMAX) Class IIA Karang Anyar Nusakambangan Prison for placement of high classification prisoners. This has an impact on the problem of not being able to grant conditional rights to prisoners who do not reduce their risk of crime until they have finished serving their sentence. The aim of the research is to analyze the governance of the SMAX Class IIA Karang Anyar Penitentiary in realizing a correctional revitalization program to improve training for high risk prisoners. The research method uses descriptive qualitative research with informants from prison officers and high-risk prisoners in prison. The results of the analysis show that prison management with a revitalization program has an impact on limiting the granting of conditional rights, there is no maximum guidance carried out by the prison, guidance for high risk prisoners must involve other parties such as the National Counterterrorism Agency, the National Narcotics Agency, the Corruption Eradication Agency, and other parties who have an interest in it. Thus, it is necessary to provide appropriate guidance for high-risk prisoners to be able to change their behavior and obtain their conditional rights. Providing this guidance by applying the principles of planning, organizing, regulating and strictly monitoring during the process of changing behavior and coaching prisoners.

The Concept of Structural Legal Aid in Combating Corruption from the Maqashid Shariah Perspective

Corruption poses a severe threat to societal well-being, as it undermines various sectors such as education, economy, and law. Consequently, combating corruption effectively is imperative. This study aims to analyze and elucidate efficient strategies for corruption eradication, specifically through the concept of structural legal aid with a maqasid sharia approach. Employing a juridical-normative research methodology, this research integrates statutory, case, and conceptual analyses. Primary legal resources including laws, books, and journals are utilized, supplemented by interviews with key stakeholders such as the Indonesian Legal Aid Foundation (YLBHI) and MUI Medan City, alongside observations at the People's Basic Rights Advocacy Center (SAHdaR). Findings indicate that the structural legal aid framework prioritizes community engagement in combating corruption. Furthermore, by incorporating the maqasid sharia approach, this framework is deemed effective, as it not only fosters community involvement but also enhances public awareness regarding the perils of corruption. Consequently, this approach serves to safeguard state finances, ensure equitable punishment for offenders, and uphold the fundamental rights of citizens, who are often the primary victims of corruption.

The People's Representative Council's Right to Inquiry Against the Corruption Eradication Commission Institution in the Perspective of Constitutional Law in Indonesia

The People's Representative Council's Right to Inquiry Against the Corruption Eradication Commission Institution in the Perspective of Constitutional Law in Indonesia

The role of State Official Wealth Report in realizing the principles of Maqashid Sharia

This research aims to examine and analyze problems related to the implementation of maqasid sharia principles in effective reporting of state administrators' assets in Indonesia and to look for factors causing the ineffectiveness of legal instruments for reporting state administrators' assets in realizing the general principles of government in Indonesia. This research employed a normative legal method, with its prescriptive and applied nature. The research results show that, first, the implementation of maqasid sharia principles in reporting the assets of state administrators is in line with Hifz al-din (maintaining religion), Hifz an-nafs (maintaining the soul), Hifz al-aql (maintaining reason), Hifz an-nasl (maintaining offspring), and Hifz al-mal (maintaining assets); however, the challenge of implementing the principles of maqasid sharia in regulating the reporting of state administrators' assets requires a strong commitment from legal institutions, government, and society. Second, the factor causing the ineffectiveness of the legal instrument for reporting state administrators' assets still needs to be a more vital law enforcement factor. This can be seen in the LHKPN reporting instrument, which is the responsibility of the Corruption Eradication Commission. To deal with these problems, a legal instrument for reporting state administrators' assets is needed to embody the General Principles of Good Governance in Indonesia based on eight principles that the law must fulfil as a basis for forming reasonable regulations.

Political Revenge? Downgrading Indonesia’s KPK From Hero to Villain

The importance of Indonesia’s Corruption Eradication Commission (Komisi Pemberantasan Korupsi [KPK]), has once again been brought into focus during the 2024 presidential election campaign period when politics and corruption collide. This article suggests that legislative and political actions since 2019 to the KPK’s purpose and structure severely limit its capacity and independence making it susceptible to greater political interference and coercion. The KPK was established by Law 30/2002, as a response to and recognition of rampant corruption throughout the governmental, political and public sectors, business communities, and society in general, which became common practice during President Suharto’s New Order Regime. The KPK’s commission encompasses conducting investigations, indictments, and prosecutions. However, in late 2019, the People’s Representative Council enacted amending legislation to weaken its authority and ability to operate independently. Crucial legislative changes included creating a government-appointed supervisory body overseeing the KPK’s internal operations and changing KPK employee status from independent agents to public servants. These two provisions alone seriously weaken the KPK’s autonomy and create the risk of turning it into a politically controlled auxiliary state agency. In some respects, KPK has become a victim of its own successes, having achieved convictions of senior ministers, politicians, government officials, and business leaders, which in turn has produced enemies. Without political protection, the KPK faces the prospect of not only becoming, in essence, a nonentity but also facing further deterioration of its credibility and authority.

Criminal Policy on Forfeiture of Assets Resulting from Gratification in Cases Stopped by Law

The Indonesian government has made various efforts to suppress the massive corruptive behavior in Indonesia, both through means of law enforcement and prevention, but this has not had a significant impact in reducing the crime rate of corruption and providing a deterrent effect to the corruptors, because every year data on handling cases of corruption crimes in Indonesia tends to increase. The pattern of combating corruption has changed, law enforcement officials no longer only pursue criminal offenders and imprison them (follow the suspect), but also carry out efforts to trace, confiscate and for feit all assets that are the proceeds and instruments of criminal acts (follow the money). Various obstacles arise in efforts to seize assets that are the proceeds or instruments of criminal acts, one of which is the absence of legal rules governing the mechanism for the seizure of assets resulting from gratification crimes in cases that are stopped by law. The method used in this research is normative legal research, using a statutory approach (statue approach) and Court Decisions. This reserach aims to examine and formulate an ideal criminal law policy in the seizure of confiscated objects in the form of assets of gratification suspects whose cases are stopped for the sake of law in the future. The results in this research show that asset seizure in the eradication of corruption currently still places asset seizure as an additional crime so that asset seizure is still based on the defendant's guilt (conviction based asset forfeiture), in addition to through the criminal mechanism of asset forfeiture can also be done through civil mechanisms with the concept of non-conviction based asset forfeiture, but there is no rule governing the asset forfeiture mechanism proceeds of gratification in cases that are stopped by law. The criminal policy of asset seizure in the future based on the Asset Forfeiture Bill related to Criminal Acts with the concept (non-conviction-based asset forfeiture) has clearly regulated the mechanism for the seizure of assets belonging to Suspects or Defendants who died, escaped, became permanently ill, or whose whereabouts are unknown, so as to overcome the legal vacuum in terms of seizure of assets resulting from gratification crimes in cases that are stopped by law.

OPTIMIZING CONFISCATION OF CORRUPTION ASSETS THROUGH CIVIL LAW

<p>For a long time, Indonesia has been facing the complexity of corruption cases. Corruption turns out to be more than just a legal issue. It is also a violation of people's economic and social rights. Poverty, significant social disparities, and overall state losses are also the result of corruption, so Indonesia must always find solutions to rampant corruption. The Follow the Money approach is one of the approaches used in Indonesia to combat corruption today. This approach also uses the main concept of the Corruption Eradication Law (UU PTPK), namely the concept of "state loss recovery" as a legal basis. The return of assets resulting from corruption in the realm of public and civil law is an important part of combating corruption in restorative efforts. Thus, it is expected that every legal source used in Indonesia can optimize the process of asset forfeiture to restore state losses caused by corruption, both in public and civil law.</p><p>Keywords: Corruption; Corruption Eradication Committee; Confiscation of Assets</p>

Sustaining Integrity: The Role of Education and Macroeconomic Variables for Corruption Eradication

This study aims to analyze the effect of education level and several macroeconomic variables on the corruption index in Asia-Pacific Economic Cooperation (APEC) member countries. This study uses the two-stage least square (2SLS) estimation method. This study found that the lifelong learning index, higher education participation, and foreign direct investment have a negative and significant effect on corruption in all APEC member countries and developing country members. Secondary education and government efficiency index have a negative and significant effect on corruption in all countries (all member states, developed and developing countries). GDP per capita and economic openness have a positive and significant effect on corruption levels in APEC member states and developing countries. The fight against corruption must be immediately implemented as a political influence. Delaying this will reduce the effectiveness of future policies. Institutional reforms bring more positive benefits in countries that are really fighting corruption.

Analysing the Impact of Corruption on the Effectiveness of Law Enforcement: A Case Study in Police Science Studies in Indonesia

<p class="TableParagraph"><em>Corruption has become a profound issue in the context of law and policing in Indonesia. This article aims to analyse the impact of corruption on the effectiveness of law enforcement, with a focus on the study of police science in Indonesia. The method used is a literature review, by collecting and analysing various related literature, reports and case studies. The results of the literature analysis show that corruption within the police has a significant impact on various aspects of law enforcement. Corruption can hamper the integrity and credibility of the police institution, affect the investigation process, and potentially damage the relationship between the police and the community. Case studies in the Indonesian context reveal the challenges faced in efforts to eradicate corruption in the police. In addition, this article also discusses the efforts that have been made by the government and relevant institutions in addressing the issue of corruption in the police. These include policy reforms, training, and stricter law enforcement against perpetrators of corruption. In order to improve the effectiveness of law enforcement in Indonesia, concrete steps are needed in the prevention and eradication of corruption in the police. The results of this literature analysis provide deep insight into the complexity of corruption issues in the context of policing, as well as identifying directions for further research in an effort to improve the integrity and efficiency of law enforcement agencies in Indonesia.</em></p>

Implementation of The State Official Wealth Report Policy in Minahasa Regency

This research aims to find out, describe and analyze the implementation of the State Official Wealth Report (LHKPN) policy in Minahasa Regency, with research methods, namely qualitative description, number of informants of 5 people, and data analysis techniques using observation, interviews and documentation. It can be concluded that the process of implementing the Corruption Eradication Commission (KPK) policy No. 2 of 2020 has not been implemented well, this can be seen from the results of the research indicators as follows. Only a few government administrators are aware of the rules used in the procedures for imputing LHKPN, and not only that, it is also found that there are several state administrators who are negligent, and are often late in imputing LHKPN results data because they are confused about the procedures for online LHKPN reporting. Reporting in LHKPN reporting is not yet optimal, this is because in 2018-2022, there are still several government administrators who only report LHKPN once, and the level of negligence by Minahasa district government administrators is very high due to the lack of supervision carried out, this causes only a few who are active in LHKPN reporting for the 2018-2022 period. Results from 208 state administrators in Minahasa Regency, only 101 state administrators reported LHKPN, and of those 101 there were 45 state administrators whose LHKPN report data was inaccurate.

Digitalization of control and supervisory activities as a tool for combating corruption

The subject of the study is the process of combating corruption, which, due to its changing forms and methods, should be permanent and comprehensive. Moreover, all levels of society are affected by corruption. Digitalization of administrative procedures makes it possible to increase the efficiency of public administration and ensure transparency of decisions. At the same time, it is necessary to assess how the goals and the reality of their implementation coincide. Russia has adopted yet another anti-corruption plan, which is "reinforced" by the introduction of a new Poseidon system that ensures compliance with anti-corruption requirements by various officials. However, the constant bias towards digitalization of administrative procedures and control and supervisory activities cannot automatically lead to the eradication of corruption. It only creates prerequisites. In addition, policy documents in Russia do not set such goals, including even existing international legal acts. Digitalization has many advantages – it is the ease, simplicity and speed of decisions. In fact, the electronic form of control is convenient: you do not need to wait long, prepare documents, the control body can check everything at once. Also, digitalization has already shown effectiveness in reducing "everyday" corruption. However, there is no detailed statistics on the results of appealing control measures in open data. It is impossible to assess what was appealed, what decisions were made and what problems arose. At the same time, the ubiquitous electronic form will not get rid of negative phenomena – there is no single standard of interaction between an administrative body and a non-governmental entity. Regulatory legal acts do not take into account one important aspect: not all individuals have access to the Internet.

Law Enforcement Against Criminal Acts of Corruption in The Form of Abuse of Authority in Office Based on The Law on Eradication of Corruption Crimes

The concept of abuse of authority in the Government Administration law is seen by several legal experts as the same as the concept of abuse of authority because it is the absolute competence of the Administrative Court in the Corruption Eradication law. The research method used is Case Study Decision Number Case Study Decision Number 218 PK/PID.SUS/2019 and Decision Number 143 PK/PID.SUS/2019, where both decision cases involve criminal acts of corruption in the form of abuse of authority in office. Based on Law no. 31 of 1999 Jo Law no. 20 of 2021 concerning the Eradication of Corruption Crimes. The conclusion is that the application of sanctions against criminal acts of corruption in Decision Number 218 PK/Pid.Sus/2019 and Decision Number 143PK/Pid.Sus/2019, the panel of judges imposed imprisonment/imprisonment and fines, the imposition of fines as an implementation of the balance value can be applied as long as In certain circumstances, the perpetrator of a criminal act of corruption is not a recidivist, then as a balanced punishment, apart from imposing a fine, assets can also be confiscated, this is so that the imposition of the fine can be used as a lesson or legal perspective for the wider community, rather than just being sentenced to imprisonment/ prisons are indeed less effective, because in the implementation of confinement/imprisonment sentences there are still leniencies which do not actually have a deterrent effect on perpetrators of criminal acts.

Proof Of Financial Loss State of Financial Audit Audit Results Against Action Criminal Corruption

Loss finance country in Constitution Act Criminal Corruption This is something that must be fulfilled in order to recover financial compensation country. The Corruption Eradication Law provides options related enforcement case corruption Which consists from dropping criminal And recovery of state losses through additional criminal penalties and civil lawsuits, will but considering the impact caused by criminal acts of corruption influence on state finances, it is appropriate for enforcement officers law more put forward effort return loss country compared with imprisonment. The problem formulation in this research consists of: proving financial losses country from results auditing body inspection finance (CPC) in follow criminal corruption. The type of research used in this research is juridical research normative, As for characteristic study Which used in study This nature literature, while research data was obtained from legal norms there is in regulation legislation (library research). The State Financial Audit Agency (BPK) is very important as it has been explained in the first discussion, namely the State financial audit agency In its implementation, the BPK is based on the importance of the audit function and supervision in state administration. The existence of the body that will be carrying out audit functions has been included in the Constitution stated that For inspect not quite enough answer about finance country held a Financial Audit Agency, whose regulations are determined by Law Invite (Chapter 23 Chapter VIII Constitution 1945). Disobedient to provision legislation, as well as findings imprudence; inefficiency; And ineffectiveness. Non-compliance with statutory provisions consists of findings that have a financial impact, namely losses, potential losses and deficiencies reception.

Formulation of Criminal Law Policy Against Influence Trading as A Criminal Act of Corruption

The act of trading in influence is still not considered as a criminal offence so that until now the regulations governing it do not exist or have not been regulated in Indonesia. This research aims to examine the regulation of the formulation of trading in influence as a Corruption Crime according to positive law and analyse the criminal law policy towards the formulation of trading in influence as a Corruption Crime in the future. The research method used is normative juridical with analytical approach, with the specification of description analysis. The results showed that the absence of regulation regarding the formulation of the offence of trading in influence in Indonesian positive law causes law enforcement officials to often use the offence of bribery to criminalise while between bribery and trading in influence are two different things. The offence is different from the offence of bribery and other corruption offences so it is necessary or a different crime from the category of corruption-related crimes covered by the relevant Legislation. In order to achieve the objectives of the law as stated in Article 1 paragraph 3 of the 1945 Constitution of the Republic of Indonesia that Indonesia is a State of law, as a form of legal development through legal policies that formulate existing rules with elements, namely each party involved, the form of trading in influence regulated in the respective regulations, the perpetrators who carry out these acts, the form of action and also the form of giving and receiving from the parties for one purpose, namely obtaining an undue advantage or benefit. Specifically, the article on trading in influence in Law Number 31 of 1999 jo Law Number 20 of 2001 concerning Eradication of Corruption so that there is no legal vacuum in the event of a case related to trading in influence

The Differences between the Attorney General and The Corruption Eradication Commission in Prosecuting Corruption Cases in Indonesia: A Legal Analysis

Corruption cases are complicated since they involve a number of parties. The goal of this study is to comprehend the distinctions between the Corruption Eradication Commission and the Attorney in Indonesian corruption cases that are intriguing to examine from both a sociological and ontological perspective. Undertaking a legal normative analysis is an intriguing way to investigate the issue. Data were gathered by observation and documentation. Legal data analysis was used to analyze the data. The results indicate that a thorough investigation is required to completely comprehend the distinctions in prosecution between the attorney and the commission for the eradication of corruption in Indonesian corruption cases. This will help academics and state agencies, as well as practitioners and public officials, create more effective laws and policies.

EXAMINING CHALLENGES OF THE PROSECUTORS ERADICATING CORRUPTION WITHIN CAPITAL EXPENDITURES IN INDONESIA’S LOCAL GOVERNMENT

Objectives: This study explores corruption in the capital expenditure of local governments and prosecutor officials’ failure to combat it. This is associated with the rampant corruption in the procurement (called capital expenditure) of local governments in Indonesia, with a corruption risk of 79%. This prevalent corruption aligns with the escalating complex challenges faced by the prosecutors in its endeavors to unveil and address it. Method: This study scrutinizes archival data and field data used an instrumental case study strategy within the framework of Actor Network Theory (ANT). We get field data through in-depth interviews involving 56 key informants in Yogyakarta's City and Regencies—specifically, Sleman Regency, Bantul Regency, and Yogyakarta City. Results: The findings of this investigation underscore the formidable challenges encountered by prosecutors in addressing corruption within the realm of capital expenditure in local government. First, the deficient financial acuity of prosecutors obstructs the exhaustive gathering of information pertaining to corrupt practices in capital expenditure, consequently complicating their ability to combat corruption effectively. Second, these officials grapple with interventions that further complicate their efforts to tackle corruption, as a result exacerbating the intricacies of the task they are currently facing. Conclusions: This research contribute originally to develop an analysis to decipher the local prosecutor officials fail in combating local corruption effectively, in which useful enhance anti-corruption strategies related to execution of local capital expenditures. The study also provides an insight to improve the understanding of local and national policymakers dealing with the corruption eradication ineffectively in capital expenditures.

Police Authority In Handling Corruption Crimes Under Law No. 2 Of 2002 Concerning State Police Of The Republic Of Indonesia

The criminal act of corruption is a latent danger for Indonesia because the negative impacts and the causes are very dangerous for the economy and social order. This research aims to determine the regulation of the authority of law enforcement agencies in handling criminal acts of corruption in the legal system in Indonesia and how the authority of the police in handling criminal acts of corruption in Indonesia. As normative legal research, the research examines laws and regulations related to criminal acts of corruption.Research results: Regulation of criminal acts of corruption in Indonesia is regulated in the Corruption Eradication Law Number 20 of 2001, and Law Number 8 of 1981 concerning the Criminal Procedure Code. The Criminal Procedure Code only recognizes 2 institutions or agencies that have the authority to handle criminal acts, namely the Police and the Prosecutor's Office. In Law Number 20 of 2001, the investigative authority is contained in the institutions that have the authority to handle criminal acts of corruption, namely the Police, Prosecutor's Office and the Corruption Eradication Commission. Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia, aims to strengthen the position and role of the police as an integral part of overall reform efforts. The development and progress of society as well as the emergence of the supremacy of law, globalization, transparency and accountability have given rise to a new perspective on the duties, functions, authority and responsibilities of the police which has led to the growth of various demands and expectations from the public regarding the implementation of police duties oriented towards the interests of the community.

THE BASIS OF THE CORRUPTION ERADICATION COMMISSION’S AUTHORITY TO CARRY OUT CONFISCATION IN CORRUPTION CRIMES

The issue is about the basis of the authority of the Corruption Eradication Commission to confiscate corruption crimes that have not been enforced by permanent law (inkrach) from the district court. This study aims to find out what is the basis for the authority of the Corruption Eradication Commission to confiscate in corruption crimes and how the legal position of seized goods in corruption crimes. By using normative research methods, it can be concluded that: 1. The basis of authority of the Corruption Eradication Commission is Law Number 30 of 2002 Article 47 paragraph 1 of Law Number 30 of 2002 concerning the Corruption Eradication Commission and Law Number 31 of 1999 concerning the eradication of corruption as amended by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption crimes. 2. The legal position of confiscated goods will certainly be used as evidence by the Corruption Eradication Commission as law enforcement. However, there are often obstacles in the management of confiscated goods. Then confiscated goods can also be auctioned even though there has been no permanent force legal decision (inkrach) from the district court.